THE KARNATAKA LABOUR WELFARE FUND ACT, 1965 by sir17308

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                    THE KARNATAKA LABOUR WELFARE FUND ACT, 1965
                                    ARRANGEMENT OF SECTIONS

 Statement of Object and Reasons
 Sections:
  1. Short title, extent and commencement.
  2. Definitions.
  3. Welfare fund.
  4. Board.
  5. Disqualifications and removal.
  6. Resignation of office by member and filling up of casual vacancies.
  7. Unpaid accumulations and claims thereto.
 7A. Contribution.
 7B. Interest on unpaid accumulations or fines after notice of demand.
  8. Vesting and application of Fund.
  9. Power of Board to borrow.
 10. Investment of Fund.
 11. Direction by State Government to Board.
 12. Appointments and powers of Welfare Commissioner.
 13. Appointment of Inspectors.
 14. Appointment of clerical and other staff by Board.
 15. Power of State Government to remove any person on staff of the Board.
 16. Power of State Government or authorised officer to call for records, etc.
 17. Mode of recovery of sums payable into Fund etc.
17A.   Penality for obstructing Inspector in the discharge of his duties or for failure to produce
       documents, etc.
17B.   Penalty for contravention of any provisions of the Act.
17C. Cognizance of offences.
 18. Supersession of Board.
 19. Rules.
 20. Members of Board, Welfare Commissioner, Inspectors and all officers and servants of
     Board to be public servants.
 21. Protection to persons acting in good faith.
 22. Exemption.
 23. Rules and notifications to be laid before State Legislature.
 24. Transfer of Government Labour Welfare Centres to the Board.
 25. Amendment of section 8 of Central Act 4 of 1936.
 26. Repeal and savings.
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                          STATEMENTS OF OBJECTS AND REASONS
                                                   I
    Act 15 of 1965.- The Bombay Labour Welfare Fund Act 1953, which provides for the
constitution of fund for the financing of activities to promote welfare of labour, is in force in the
Bombay Area of the State. It is considered desirable to have a uniform law in the whole State for
the purpose. Hence the Bill. The Board proposed to be established now under this Bill will take
over the Labour Welfare Centres now under the control of the Government. The Board will
promote the welfare of labour and their dependents, and in particular incur expenditure in respect
of the matters specified in clause 8(2).
     Hence the Bill.
     ( Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 10-7-1964 as No. 183
.)
                                                   II
  Amending Act 73 of 1976.- According to the existing provision in the Karnataka Labour
Welfare Fund Act, 1965 the Welfare Fund consist of :-
     (a) all fines realised from the employees;
     (b) all unpaid accumulations transferred to the funds; and
     (c) any voluntary donations.
    The Funds realised from item (a) and (c) referred to above are very small. There is hardly any
inflow to the funds from item (b) as the enlightened labour do not allow any dues to remain
unpaid. The limited resources have not enabled extension of Labour Welfare activities to all
Industrial Areas.
   It is, therefore, felt necessary to augment the resource of the fund by levying a contribution
payable by the employees, the employer and the State Government
     Hence the Bill.
    (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 8-11-1976 as No. 4419
at page 6.)
                                                   III
   Amending Act 10 of 1994.- In order to effectively implement activities to promote welfare of
labour it is considered necessary to enhance contribution payable by employee, employer and
Governemnt respectively, by amending section 7A of the Karnataka Labour Welfare Fund Act,
1965.
     Hence the Bill.
     (Obtained from L.A.Bill No. 24 of 1993.)

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                               1
                                   [KARNATAKA]1 ACT NO. 15 OF 1965
       ( First published in the 1[Karnataka Gazette]1 on the Fifth day of August 1965)
                THE 1[KARNATAKA]1 LABOUR WELFARE FUND ACT, 1965
         (Received the assent of the President on the Eighteenth day of July 1965)
                         (As amended by Act 73 of 1976 and 10 of 1994)
   An Act to provide for the constitution of a Fund for financing and conducting activities
to promote welfare of labour in the 1[State of Karnataka]1.
   WHEREAS it is expedient to constitute a Fund for financing and conducting activities to
promote welfare of labour in the 1[State of Karnataka]1;
  BE it enacted by the 1[Karnataka State Legislature]1 in the Sixteenth Year of the
Republic of India as follows:-
         1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
      1. Short title, extent and commencement.- (1) This Act may be called the
1
    [Karnataka]1 Labour Welfare Fund Act, 1965,
         1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
     (2) It extends to the whole of the 1[State of Karnataka]1.
         1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
    (3) It shall come into force on such 1[date]1 as the State Government may, by
notification in the official Gazette, appoint and different dates may be appointed for
different areas of the State.
         1.   Act came into force w.e.f. 15.8.1968 by notification. Text of the notification is at the end of the
              Act.
     2. Definitions.- In this Act, unless the context otherwise requires,-
     (1) ''Board" means the 1[Karnataka Labour Welfare Board]1 constituted under section
4;
         1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
1
 [(1A) ''contribution'' means the sum of money comprising the employer's contribution,
employee's contribution and State Government's contribution payable to the Board in
accordance with the provisions of section 7A.]1
         1. Section 1A inserted by Act 73 of 1976 w.e.f. 8.10.1976
   (2) ''employee'' means any person who is employed for wages to do any work skilled
or unskilled, manual or clerical, in an establishment;
   (3) ''employer'' means any person who employs either directly or through another
person either on behalf of himself or any other person, one or more employees in an
establishment and includes,-
       (i) in a factory, any person named under section 7(1) (f) of the Factories Act,
1948, as the manager;
       (ii) in any establishment, any person responsible to the owner for the
supervision and control of the employees or for the payment of wages;
   (4) "establishment" means,-
       (i) a factory;
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      (ii) motor omnibus service;
      (iii) any establishment including a society registered or deemed to be registered
            under the 1[Karnataka]1 Societies Registration Act, 1960, and a charitable or
            other trust, whether registered under any law applicable to such charitable or
            other trust or not, which carries on any business or trade or any work in
            connection with or ancillary thereto and which employs or on any working
            day during the preceding twelve months employed more than fifty persons,
but does not include an establishment (not being a factory) of the Central or any State
Government; and
          1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
          (iv) any plantation or workshops;
      (5) "factory " means a factory as defined in section 2(m) of the Factories Act, 1948;
      (6)"Fund" means the 1[Karnataka Labour Welfare Fund]1 constituted under section 3;
          1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
    (7) "independent member" means a member of the Board who is not connected with
the management of any establishment or who is not an employee, and includes an
officer of Government nominated as a member;
    (8) "Inspector" means an Inspector appointed under section 13;
    (9) "prescribed" means prescribed by rules made under this Act;
    (10) "unpaid accumulations'' means all payments due to the employees but not made
to them within a period of three years from the date on which they became due whether
before or after the commencement of this Act including the wages, and gratuity legally
payable but not including the amount of contribution, if any, paid by an employer to a
provident fund establishment under the Employees ' Provident Funds Act, 1952;
    (11) "wages" means all remuneration capable of being expressed in terms of money
which would, if the terms of the contract of employment, express or implied, were
fulfilled, be payable to a person employed in respect of his employment or of work done
in such employment, but does not include,-
         (a) the value of,-
             (i) any house accommodation, supply of light, water, medical attendance; or
             (ii) any other amenity or any service excluded by general or special order of
the State Government;
         (b) any contribution paid by the employer to any pension fund or provident fund or
under any scheme of social insurance;
         (c) any travelling allowance or the value of any travelling concession;
         (d) any sum paid to the person employed to defray special expenses entailed on
him by the nature of his employment; or
         (e) any gratuity payable on discharge.
  (12)      "Welfare Commissioner" means the Welfare Commissioner appointed under
section 12.
      3. Welfare Fund.- (1) The State Government shall constitute a Fund called the
1
    [Karnataka Labour Welfare Fund]1 and notwithstanding anything contained in any other
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law for the time being in force or in any contract or instrument, all unpaid accumulations
shall be paid to the Board, which shall keep a separate account therefor until claims
thereto have been decided in the manner provided in section 7, and the other sums
specified in sub-section (2) shall be paid into the Fund.
       1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
  (2) The Fund shall consist of,-
      (a) all fines realised from the employees;
      (b) all unpaid accumulations transferred to the Fund under section 7;
  1
    [(bb) the contribution paid under section 7A;
  (bbb) any penal interest paid under section 7B.]1
           1. Inserted by Act 73 of 1976 w.e.f. 8.10.1976
     (c)   any voluntary donations;
     (d)   any fund transferred under sub-section (5) of section 8; and
     (e)   any sum borrowed under section 9.
  (3) The sums specified in sub-section (2) shall be collected by such agencies and in
such manner and the accounts of the Fund shall be maintained and audited in such
manner as may be prescribed.
   4. Board.- (1) The State Government shall, by notification in the official Gazette,
constitute the Board for the whole of the 1[State of Karnataka]1 for the purpose of
administering the Fund, and to carry on such other functions assigned to the Board by
or under this Act.
           1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
   (2) The Board shall consist of the following members nominated by the State
Government, namely:-
       (a) representatives of employers and employees;
       (b) independent members, representing women; and
       (c) other independent members.
   The number of members of each category shall be such as may be prescribed:
   Provided that both employers and employees shall have equal representation on the
Board.
   (3) The members of the Board shall elect one of its independent members as the
Chairman of the Board.
   (4) Save as otherwise expressly provided by this Act, the term of office of the
members of the Board shall be three years commencing on the date on which their
names are notified in the official Gazette.
   (5) The allowances, if any, payable to the members of the Board and the conditions
of appointment of the representatives of the employers and employees shall be such as
may be prescribed.
   (6) The Board shall be a body corporate by the name of the 1[Karnataka Labour
Welfare Board]1 , having perpetual succession and a common seal, with power subject to
the provisions of this Act, or the rules made thereunder to acquire, hold and dispose of
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property, both moveable and immoveable, and to contract, and may, by the said name
sue and be sued.
          1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
   5. Disqualifications and removal.- (1) No person shall be chosen as or continue
to be a member of the Board who,-
       (a) is a salaried official of the Board; or
       (b) is or at any time has been adjudged insolvent or has suspended payment of
his debts or has compounded with his creditors ; or
       (c) is found to be a lunatic or becomes of unsound mind ; or
       (d) is or has been convicted of any offence involving moral turpitude.
   (2) The State Government may remove from office any member who,-
       (a) is or has become subject to any of the disqualifications mentioned in sub-
section (1); or
       (b) is absent without leave of the Board for more than three consecutive meetings
of the Board.
   6. Resignation of office by member and filling up of casual vacancies.- (1) A
member may resign his office by giving notice thereof in writing to the State
Government, and on such resignation being accepted, shall be deemed to have vacated
his office.
    (2) A casual vacancy in the office of a member shall be filled up, as soon as
conveniently may be, by the authority concerned and a member so nominated shall hold
office for the unexpired portion of the term of the office of his predecessor.
   (3) No act or proceedings of the Board shall be questioned on the ground merely of
the existence of any vacancy in or any defect in the constitution of the Board.
   7. Unpaid accumulations and claims thereto.- (1) All unpaid accumulations shall
be deemed to be abandoned property.
    (2) Any unpaid accumulations paid to the Board in accordance with the provisions of
section 3 shall, on such payment, discharge an employer of the liability to make
payment to an employee in respect thereof, but to the extent only of the amount paid to
the Board; and the liability to make payment to the employee to the extent aforesaid
shall, subject to the succeeding provisions of this section, be deemed to be transferred
to the Board.
    (3) As soon as possible after the payment of any unpaid accumulations is made to
the Board, the Board shall, by notice (containing such particulars may be prescribed),-
        (a) exhibited on the notice-board of the factory or establishment in which the
            unpaid accumulation was earned; and
        (b) published in the official Gazette; and
        (c) also published in any two newspapers circulating in the area in which the
            factory or establishment in which the unpaid accumulation was earned is
            situate or in such other manner as may be prescribed, regard being had to the
            amount of the claim,
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invite claims by employees for any payment due to them. The notice shall be inserted in
the manner aforesaid in June and December of every year, for a period of three years
from the date of the payment of the unpaid accumulation to the Board.
    (4) If any question arises whether the notice referred to in sub-section (3) was given
as required by that sub-section, a certificate of the Board that it was so given, shall be
conclusive.
    (5) If a claim is received whether in answer to the notices or otherwise, within a
period of four years from the date of first publication of the notice in respect of such
claim, the Board shall transfer such claim to the Authority appointed under section 15 of
the Payment of Wages Act, 1936, having jurisdiction in the area in which the factory or
establishment is situated, and the Authority shall proceed to adjudicate upon, and
decide, such claim. In hearing such claim, the Authority shall have the powers conferred
by, and follow the procedure (in so far as it is applicable) followed in giving effect to the
provisions of that Act.
    (6) If the Authority aforesaid is satisfied that any such claim is valid so that the right
to receive payment is established it shall decide that the unpaid accumulation in relation
to which the claim is made shall cease to be deemed to be abandoned property, and
shall order the Board to pay the whole of the dues claimed or such part thereof as the
Authority decides are properly due, to the employees; and the Board shall make
payment accordingly:
    Provided that the Board shall not be liable to pay any sum in excess of that paid
under sub-section (1) of section 3 to the Board as unpaid accumulations in respect of the
claim.
    (7) If a claim for payment is refused, the employee shall have a right of appeal to the
District Court having jurisdiction over the area and the Board shall comply with any order
made in appeal. An appeal shall lie within sixty days of the decision of the Authority.
    (8) The decision of the Authority, subject to appeal aforesaid and the decision in
appeal of the District Court, shall be final as to the right to receive payment, the liability
of the Board to pay and also as to the amount, if any.
   (9) If no claim is made within the time specified in sub-section (5) , or a claim has
been duly refused as aforesaid by the Authority, or by the Court on appeal, then the
unpaid accumulations in respect of such claim, shall accrue to, and vest in the State as
bona vacantia, and shall thereafter, without further assurance be deemed to be
transferred to, and form part of the Fund.
   1
    [7A. Contribution.- (1) In respect of every employee in an establishment there shall
be paid contribution to the Board comprising the employer's contribution, employee's
contribution and State Government's contribution, payable respectively by the employer,
the employee and the State Government and the contributions so paid shall form part of
the Fund.
           1. Section 7A & 7B inserted by Act 73 of 1976 w.e.f. 8.10. 1976
   (2) In respect of every employee whose name stands in the register of an
establishment on 31st December of a year sum of 1[ three rupees, six rupees and three
rupees]1 respectively shall be payable as contribution for that year by the concerned
employee, the employer and the State Government.
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          1. Substituted by Act 10 of 1994 w.e.f. 1.12.1993
  (3) The employer's contribution and the employee's contribution in respect of a year
shall be paid by the employer to the Board on or before 15 th January of the following
year by cheque, 1[ or by crossed demand draft]1 and the expenses of remitting the
contribution shall be borne by the employer himself.
          1. Substituted by Act 10 of 1994 w.e.f. 1.12.1993
   (4) Notwithstanding anything contained in any other enactment but subject to the
provisions of this Act and any rules made thereunder the employer shall be entitled to
recover the employee's contribution from the employee by deduction from his wages and
not otherwise and such deduction shall be deemed to be a deduction authorised by or
under the Payment of Wages Act, 1936:
   Provided that, no such deduction shall be made in excess of the amount of the
contribution payable by such employee, nor shall it be made from any wages other than
the wages for the month of December of the year to which the contribution relates:
   Provided further that, if through inadvertence or otherwise, no deduction has been
made from the wages of an employee for the month aforesaid, such deduction may be
made from the wages of such employee for any subsequent month or months with the
permission in writing of the Inspector appointed under this Act.
   (5) Notwithstanding anything to the contrary in any agreement or contract no
employer shall deduct the employer's contribution from any wages payable to an
employee or otherwise recover it from the employee.
   (6) Any sum duly deducted by an employer from the wages of an employee under
this section shall be deemed to have been entrusted to him by the employee for the
purpose of paying the contribution in respect of which it was deducted.
  (7) The Welfare Commissioner shall submit to the State Government as soon as
possible after the end of January every year, in the prescribed form, a statement
showing the total amount of each employer's contribution in respect of his establishment.
On receipt of the statement from the Welfare Commissioner, the State Government shall
pay to the Board its contribution in respect of each such establishment.
  7B. Interest on unpaid accumulation or fines after notice of demand.- (1) If an
employer does not pay to the Board any amount of unpaid accumulations or fines
realised from the employees or the amount of the employer's and employee's
contributions under section 7A within the time he is required by or under the provisions
of this Act to pay it, the Welfare Commissioner may cause to be served a notice on such
employer to pay the amount within the period specified therein, which shall not be more
than thirty days from the date of service of such notice.
   (2) If the employer fails to pay any such amount within the period specified in the
notice, he shall, in addition to that amount, pay to the Board simple interest,-
   (a) for the first three months at twelve percent per annum of the said amount for each
complete month after the last date by which he should have paid it according to the
notice; and
   (b) at eighteen percent per annum of that amount for each complete month
thereafter, during the time he continues to make default in the payment of that amount.]1
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   8. Vesting and application of Fund.- (1) The Fund shall vest in and be held and
applied by the Board as Trustees subject to the provisions and for the purpose of this
Act. The moneys therein shall be utilised by the Board to defray the cost of carrying out
measures which may be specified by the State Government from time to time to promote
the welfare of labour and of their dependents.
    (2) Without prejudice to the generality of sub-section (1) the moneys in the Fund may
be utilised by the Board to defray expenditure on the following:-
        (a) community and social education centres including reading rooms and
libraries;
        (b) community necessities;
        (c) games and sports;
        (d) excursions, tours and holiday homes;
        (e) entertainments and other forms of recreation;
        (f) home industries and subsidiary occupations for women and unemployed
persons;
        (g) corporate activities of a social nature;
        (h) cost of administering the Act including the salaries and allowances of the staff
appointed for the purposes of the Act;
        (i) such other objects as would in the opinion of the State Government improve
the standard of the living and ameliorate the social conditions of labour:
    Provided that the Fund shall not be utilised in financing any measure which the
employer is required under any law for the time being in force to carry out:
    Provided further that unpaid accumulations and fines shall be paid to the Board and
be expended by it under this Act notwithstanding anything contained in the Payment of
Wages Act, 1936, or any other law for the time being in force.
    (3) The Board may, with the approval of the State Government, make a grant out of
the Fund to any employer, any local authority or any other body in aid of any activity for
the welfare of labour approved by the State Government.
    (4) If any question arises whether any particular expenditure is or is not debitable to
the Fund, the matter shall be referred to the State Government and the decision given
by the State Government shall be final.
  (5) It shall be lawful for the Board to continue any activity financed from the labour
welfare fund of any establishment, if the said fund is duly transferred to the Board.
    9. Power of Board to borrow.-The Board may from time to time with the previous
sanction of the State Government and subject to the provisions of this Act and to such
conditions as may be specified in this behalf borrow any sum required for the purposes
of this Act.
   10. Investment of Fund.- Where the Fund or any portion thereof cannot be applied
at an early date for fulfilling the objects of the Act, the Board shall invest the same in any
of the securities specified in clauses (a) to (d) and (f) of section 20 of the Indian Trusts
Act, 1882.
  11. Direction by State Government to Board.- The State Government may give the
Board such directions as in its opinion are necessary or expedient in connection with the
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expenditure from the Fund or for carrying out the other purposes of the Act. It shall be
the duty of the Board to comply with such directions.
  12. Appointments and powers of Welfare Commissioner.- (1) The Welfare
Commissioner shall be appointed by the Board with the previous approval of the State
Government.
    (2) The Welfare Commissioner shall be the principal executive officer of the Board.
    (3) It shall be the duty of the Welfare Commissioner to ensure that the provisions of
this Act and rules made thereunder are duly carried out and for this purpose he shall
have the power to issue such orders not inconsistent with the provisions of this Act and
rules made thereunder as he deems fit including any order implementing the decisions
taken by the Board under the Act or rules made thereunder.
    13. Appointment of Inspectors.- (1) The State Government may appoint Inspectors
to inspect the records in connection with the sums payable into the Fund.
    (2) Any Inspector may-
        (a) with such assistance, as he thinks fit, enter at any reasonable time any
premises for carrying out the purposes of this Act;
       (b) exercise such other powers as may be prescribed.
   14. Appointment of clerical and other staff by Board.- The Board shall have
power to appoint the necessary clerical and executive staff to carry out and supervise
the activities financed from the Fund:
  Provided that the expenses of the staff thus appointed and other administrative
expenses shall not exceed a prescribed percentage of the annual income of the Fund.
  15. Power of State Government to remove any person on staff of the Board.-
The State Government shall have the power to remove any person whom it may deem
unsuitable from the service of the Board.
   16. Power of State Government or authorised officer to call for records, etc.-The
State Government or any officer authorised by the State Government may call for the
records of the Board, inspect the same and may supervise the working of the Board.
   17. Mode of recovery of sums payable into Fund, etc.-Any sum payable into the
Fund under this Act shall, without prejudice to any other mode of recovery, be
recoverable on behalf of the Board as arrears of land revenue.
1
  [17A. Penalty for obstructing Inspector in the discharge of his duties or for
failure to produce documents, etc.- Any person who wilfully obstructs an Inspector in
the exercise of his powers or discharge of his duties under this Act or fails to produce for
inspection on demand by an Inspector any registers, records or other documents
maintained in pursuance of the provisions of this Act or the rules made thereunder or
to supply to him on demand true copies of any such documents, shall , on conviction, be
punished, for the first offence, with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with both; and for a
second or subsequent offences, with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both:
       1. Section 17A - 17C inserted by Act 73 of 1976 w.e.f. 8.10.1976
                                            11


   Provided that in the absence of special and adequate reasons to the contrary to be
mentioned in the judgement of the court, in any case where the offender is sentenced to
fine only, the amount of fine shall not be less than fifty rupees.
 17B. Penalty for contravention of any provisions of the Act.- Any person who
wilfully contravenes any provision of the Act shall on conviction be punished for the first
offence with fine which may extend to five hundred rupees or with imprisonment for a
term which may extend to three months and for the second and subsequent offences,
with fine which may extend to one thousand rupees or with imprisonment for a term
which may extend to one year or with both.
 17C. Cognizance of offences.- No Court shall take cognizance of an offence under
this Act except on a complaint filed by an Inspector with the previous sanction of the
Welfare Commissioner.]1
    18. Supersession of Board.- (1) If the State Government is satisfied that the Board
has made default in preforming any duties imposed on it by or under this Act or has
abused its power, the State Government may by notification in the official Gazette
supersede and re-constitute the Board in the prescribed manner:
    Provided that before issuing the notification under this sub-section, the State
Government shall give a reasonable opportunity to the Board to show cause why it
should not be superseded and shall consider the explanations and objection, if any, of
the Board.
    (2) After the supersession of the Board, and until it is reconstituted the powers,
duties and functions of the Board under this Act shall be exercised or performed by such
officer or officers, as the State Government may appoint for this purpose.
    19. Rules.- (1) The State Government may, by notification in the official Gazette and
subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
    (2) In particular and without prejudice to the generality of the foregoing power, such
rules may be made for all or any of the following matters, namely:-
        (a) the agency for and the manner of collection of sums specified in sub-section
(3) of section 3, and the period within which the same shall be paid to the credit of the
Fund;
        (b) the manner in which the accounts of the Fund shall be maintained and audited
under sub-section (3) of section 3;
        (c) the procedure for making grants from the Fund under section 8;
        (d) the procedure for defraying the expenditure incurred in administering the
Fund;
        (e) the number of representatives of employers and employees, independent
members and representatives of women on the Board, and the allowances, if any,
payable to them, under section 4;
        (f) the manner in which the Board shall conduct its business;
        (g) the duties and powers of the Inspectors and the conditions of service of the
Welfare Commissioner and Inspectors and other staff appointed under this Act;
                                            12


       (h) the delegation of the powers and functions of the Board to the Welfare
Commissioner and the conditions and the limitations subject to which the powers may be
exercised or functions discharged;
       (i) the percentage of the annual income of the Fund beyond which the Board
may not spend on the staff and on other administrative measures;
       (j) the registers and records to be maintained under this Act;
       (k) the publication of the report of the activities financed from the Fund together
with a statement of receipts and expenditure of the Fund and statement of accounts;
       (l) the condition subject to which the Board may dispose of immoveable and
moveable property or enter into contract;
       (m) any other matter which may be prescribed under this Act.
   (3) A rule under this Act may be made with retrospective effect and when such a rule
is made the reasons for making the rule shall be specified in a statement laid before both
Houses of the State Legislature. Subject to any modification made under section 23,
every rule made under this Act shall have effect as if enacted in this Act.
   20. Members of Board, Welfare Commissioner, Inspectors and all officers and
servants of Board to be public servants.- The members of the Board, the Welfare
Commissioner, Inspectors and all officers and servants of the Board shall be deemed to
be public servants within the meaning of section 21 of the Indian Penal Code.
    21. Protection to persons acting in good faith.- No suit, prosecution or other
legal proceeding shall lie against the Board or any person for anything which is in good
faith done or intended to be done under this Act.
   22. Exemption.-The State Government may, by notification in the official Gazette,
exempt any class of establishments form all or any of the provisions of this Act, subject
to such conditions as may be specified in the notification.
    23. Rules and notifications to be laid before State Legislature.- Every rule made
under this Act, and every notification issued under section 22 shall be laid, as soon as
may be after it is made or issued before each House of the State Legislature while it is in
session for a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session in which it is so
laid or the sessions immediately following, both Houses agree in making any
modification in the rule or notification or both Houses agree that the rule or notification
should not be made or issued, the rule or notification shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so however, that any
modification or annulment shall be without prejudice to the validity of anything previously
done under such rule or notification.
    24. Transfer of Government Labour Welfare Centres to the Board.- (1) The
control and management of State Government Labour Welfare Centres shall as from
such date as the State Government may by notification in the official Gazette appoint, be
transferred to the Board, and thereupon all the properties and assets, and liabilities and
obligations of the State Government in relation to such Centres shall stand transferred
to, vest in, or devolve upon, the Board.
  (2) Every employee of the State Government who was employed by the State
Government wholly or mainly in or in connection with any of the said Centres
                                                    13


immediately before the date appointed under sub-section (1) shall, as from the said date,
become an employee of the Board, and shall hold his office under the Board on the
same tenure, at the same remuneration and upon the same terms and conditions and
with the same rights and privileges as to pension and gratuity and other matters as he
would have held the same if the transfer of the said Centre had not been effected and
shall continue to do so unless and until his employment under the Board is terminated or
until his remuneration, terms and conditions of service are duly altered by the Board:
  Provided that the remuneration, terms or conditions of service of any such employee
shall not be varied to his disadvantage except with the previous approval of the State
Government.
   25. Amendment of section 8 of Central Act 4 of 1936.- In section 8 of the Payment
of Wages Act, 1936 (Central Act 4 of 1936), to sub-section (8) the following shall be
added before the Explanation, namely:-
  "but in the case of any factory or establishment to which the 1[Karnataka]1 Labour
Welfare Fund Act, 1965, applies all such realisations shall be paid into the Fund
constituted under the said Act''.
          1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
      26. Repeal and savings.- (1) From the date of coming into force of this Act in the
1
    [Belgaum Area]1,-
        (a) the Bombay Labour Welfare Fund Act, 1953 (Bombay Act 40 of 1953), as in
force in the 1[Belgaum Area]1 shall stand repealed;
          1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
    (b) all properties, fund and dues which are vested in or realisable by the new Board
as defined in the Bombay Labour Welfare Board (Reconstitution) Order, 1959, made by
the Central Government under the Inter-State Corporations Act, 1957 (Central Act 38 of
1957), shall vest in, and be realisable by, the Board constituted under this Act;
        (c) all liabilities which were enforceable against the said new Board shall be
enforceable against the Board constituted under this Act; and
        (d) all employees serving in connection with the affairs of the said new Board
shall become employees of the Board constituted under this Act.
    (2) Subject to the provisions of sub-section (1), the provisions of section 6 of the
1
  [Karnataka]1 General Clauses Act, 1899(1[Karnataka]1 Act 3 of 1899), shall be
applicable in respect of the repeal of the Bombay Labour Welfare Fund Act, 1953 and
sections 8 and 24 of the said 1[Karnataka]1 General Clauses Act, 1899, shall be
applicable as if the said Bombay Labour Welfare Fund Act, 1953, had been repealed
and re-enacted by this Act.
            1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
                                                  ****
                                              14


                                       NOTIFICATION
                Bangalore, dated 30th July 1968      [No.LMA 274 LLE 65(A)]
   In exercise of the powers conferred by sub-section (3) of section 1 of the Mysore Labour
Welfare Fund Act, 1965 (Mysore Act No. 15 of 1965), the Government of Mysore, hereby
appoints the fifteenth day of August 1968 to be the date on which the said Act shall come into
force.
                                         By Order and in the name of Governor of Mysore,

                                                           (G.G.PUROHIT)
                                                  Under Secretary to Government,
                                            Food, Civil Supplies and Labour Department.
   (Published in KarnatakaGazette (Extraordinary) Part IV - 2A dated 10-7-1964. as No. 183.)
                                            ****

								
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